All Legal articles – Page 89
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Reasonable endeavours: So very obliged
How far does a party need to go to show it has used its best endeavours to do something - not, surely, to the point of ruining itself?
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Laughing all the way to the Green Investment Bank
The UK’s Green Investment Bank, launched this week, will invest in green projects that might otherwise have bitten the dust. It should bring some cheer to construction
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Mediation is for consenting adults
You can’t bully people into mediation. Both parties must have a genuine desire to settle the dispute. And that’s one of the reasons why, in construction, it has never really taken off
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‘I took the flak for McAlpine’, says blacklist chief officer
Ian Kerr’s allegation to MPs that contractor paid to cover up blacklist involvement strongly denied
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Blacklisting row threatens to entangle Crossrail
Exclusive: Blacklisting history of Crossrail’s industrial relations manager emerges in court papers
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Bank of Ireland sues Faithful+Gould for £9.9m
Exclusive: Bank accuses consultant of failings over an abandoned tower project in Manchester
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PC Harrington vs Systech: Something for nothing?
The potential consequences of the PC Harrington vs Systech International judgment
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PC Harrington vs Systech: Fair game
Disputants and learned judges please note: adjudication is a rough and ready process that isn’t always fair. That might seem tough but it’s just what parliament intended
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The last word in adjudication
How many submissions should each party be allowed in an adjudication - and which side should be given the final say? It depends which rules of natural justice you follow
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High Court orders Pinnacle to pay £16m to Brookfield
Exclusive: Contractor on stalled £1bn tower may seek winding up order as deadline for payment nears
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Tanzania – Birth of a gas giant?
Opportunities fired by natural gas could make Tanzania an attractive prospect for business – but what are the key considerations for working there?
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PM looks to tighten judicial review process
David Cameron to announce moves to make it more difficult for opponents of major schemes to challenge them through the courts
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Olympics boss under fresh scrutiny over blacklisting
Union official accuses ODA boss Dennis Hone of giving ‘misleading’ evidence in front of London Assembly committee
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'We lacked the resources to carry out proper community forums', says HS2 chair
High Speed 2 chair admits firm had “difficulty” in consulting as project faces five judicial reviews
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Limited liability: Even limits have their limits
Contract terms that seek to limit liability have to be able to pass a test of reasonableness – and not only where they are part of standard terms
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PC Harrington vs Systech: Wrong call
Even if the decision an adjudicator reaches is unenforceable, they should still get paid. But that’s just my opinion. The Court of Appeal clearly thinks differently …
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B: Bouygues vs Dahl-Jenson
A-Z of key construction law cases: An early adjudication case that shows that even when an adjudicator gets things wrong, their decision can still be upheld by the courts
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Dispute resolution: Ask an expert
Involving an expert in dispute resolution can help your case - but make sure that they are experienced, a good communicator and can offer independent advice in the eyes of the court
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Two blacklisting cases may form one High Court action
Exclusive: Claims against contractors Sir Robert McAlpine and Carillion could be combined into one action
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How to manage the risks of using a letter of intent
Sometimes using a letter of intent is unavoidable, but there are ways of managing the risks involved that should keep parties out of trouble before a contract is signed